Holiday payment. Weekends and holidays. Payment for weekends and holidays. Order to organize work on a day off
The Constitution of the Russian Federation enshrined the human right to work and rest. More specifically, the rules for their practical implementation are deciphered in paragraphs of the Labor Code (LC). The law regulates the relationship between the employer and employees in certain situations. Thus, work on weekends according to the Labor Code is possible only with the consent of the parties to the contract.
How to arrange work on a holiday or official day off
Rest for workers is provided within the framework of the 113th paragraph of the Labor Code. The text of the regulation contains a ban on attracting the bulk of employees to perform official duties on such days:
- free from work (Saturday and Sunday);
- holiday (given in the 112th paragraph).
However, in the process of work, moments often arise that cannot be resolved without the involvement of hired workers. They are also provided for in paragraphs of the TC. The rules for involving employees in production activities on weekends are quite strict.
They are:
- You can load a worker on his legal day of rest only with his consent:
- given in writing;
- drawn up and signed by one's own hand;
- attraction to work must be formalized by an administrative document:
- on the eve of the specified days free from work;
- indicating the method of compensation:
- additional payment;
- time off;
- the order must be familiarized with the employee in advance.
Important: it is forbidden to declare an input worker for the following categories of citizens:
- pregnant women;
- minors (with the exception of some professions).
Financial compensation
The legislation establishes a general rule for compensating employees for extracurricular work. They should be paid double the wages. A more specific calculation method depends on the rate used at the enterprise:
- salary;
- hourly;
- piecework.
In principle, the methodology for determining a specific amount when using different rates has only one thing in common - the use of a double tariff:
- with a salary system, the average hourly earnings are calculated and multiplied by two;
- with an hourly rate, the tariff rate doubles, and the final amount is proportional to the hours worked;
- with a piece rate, the rate for one item (product) also increases.
Attention: the final amount is formed in different ways:
- in the salary system, it does not depend on labor productivity and hours of work;
- and when using the other two methods, it is closely related to the listed factors.
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Time off
An alternative option for compensating for extracurricular participation in the production process is the provision of time off. This is recorded in the third part of the 153rd paragraph of the Labor Code. Moreover, the text of the article contains the following rules:
- out-of-hours work is paid as a normal day;
- for work outside of school hours, rest is provided equal to the time of employment (one to one);
- time off is not financed by the employer (no earnings are accrued).
Rostrud issued a letter with explanations about the time off workers. In particular, the document points out the insignificance of the time of actual employment during the holiday period. That is, an employee can perform his duties not for eight hours, but only three. He still needs a break anyway.
Attention: the choice of the day off is left to the worker. He must do the following:
- notify the management that he will not come to work in advance in writing;
- read the relevant order for the provision of time off.
Which compensation option to choose
In practice, experienced administrators try to organize their work in such a way that they do not have problems with inspection bodies. At enterprises of private form of ownership, double payment is made. But in the public sector, this is rarely practiced. Employees working on public holidays are given a day off or one more day before the next vacation.
Attention: the conditions for compensating for extracurricular participation in labor activity are prescribed in the local act - the collective agreement. If such a clause is introduced, then it is advisable not to deviate from its text.
In the legislation, both forms of compensation are recognized as equivalent (there are exceptions). Therefore, the employee is given the right to choose any at his discretion.
We arrange work on weekends and holidays
Documentary confirmation of the consent of the employee should not cause doubts with the regulatory authorities. Registration of work on a holiday begins with the receipt of a person's application.
Consent must go through all the steps of a regular personnel application:
- get the chief's resolution: "In order";
- go to the personnel department to prepare a draft administrative document;
- return to the head for signature;
- register in the relevant journal;
- copies of the document are sent to:
- to accounting;
- in the employee's personal file.
In the administrative document, in addition to the usual ones, the following data are indicated:
- the reason for attracting the employee to work outside of school hours;
- list of specialists in the format:
- position;
- date of entry into service;
- compensation conditions:
- double pay;
- or providing time off at a convenient time;
- base:
- the consent of the worker;
- collective agreement (if there is a corresponding clause);
- permission of the trade union organization;
- warning about the possibility of failure (for some categories).
The procedure for calculating wages
The accountant must strictly adhere to the orders of the head. This means that he calculates the payment based on the order:
- If compensation is carried out by time off, then the calculation method for a normal working day is applied.
- If double payment is indicated, then it is necessary to proceed from the tariffication method used for this employee.
Standard operating mode
If the salary of employees is calculated based on the rate, then you must perform the following actions:
- determine the average hourly wage based on the data of the current month;
- calculate weekend pay using:
- double rate;
- set number of hours of participation in the production process.
Example
The storekeeper is involved in servicing the factory workers on the day off. To calculate the amount of payment, the following data should be taken into account:
- salary 18,000.0 rubles;
- the number of working days in a month is 20.
The calculation is:
- Determine the average earnings per hour:
- RUB 18,000.0 / 20 days / 8 hours = 112.5 rubles
- For service on Saturday credited:
- 112.5 p. x 2 × 8 hours = 1,800.0 r.
Shift work schedule
The difficulty in calculating shift workers lies in the fact that they are employed on ordinary days for an unequal number of hours. This fact should be taken into account when determining the amount of compensation.
The accountant should do the following:
- determine the number of hours of employment per month of going to work outside of school hours;
- calculate the average hourly rate;
- apply it for the period of extracurricular employment, doubling.
Example
The packer, who works in shifts of 12 hours (a day after two), had to be involved in replacing a sick colleague. When determining compensation, the following data were used:
- salary - 15,000.0 rubles;
- the number of working hours in the current month is 192.
Calculation order:
- hourly payment:
- RUB 15,000.0 / 192 hours = 78.125 rubles;
- double rate:
- RUB 78,125 x 2 = 156.25 rubles;
- for overtime shift earned:
- RUB 156.25 x 12 hours = 1,875.0 rubles;
- monthly income:
- 15000.0 rub. + RUB 1,875.0 = RUB 16,875.0
The nuances of payment on a business trip
When registering a business trip for a worker, one should take into account the following features set out in government decree No. 749:
- The administrative document must indicate that the employee is subject to the working hours of the host country.
- Travel allowance is calculated from the date of departure. If the travel time falls on a weekend, then a double rate or the provision of time off is applied.
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Who can not be involved in work on holidays / weekends
The Labor Code contains a list of persons who are prohibited from being involved in the performance of duties during extracurricular periods. These include:
- pregnant women;
- minors.
Such a ban means that these employees cannot be involved even if their consent is obtained. Therefore, they will have to be replaced by colleagues.
In addition, the legislation provides a list of persons for whom a slightly different procedure is applied. These include:
All of the above persons must be warned about the possibility of refusing to work on a day off (paragraphs 153 and 259 of the Labor Code). This is done in writing:
- You must prepare a notification form indicating:
- Full name and position of the employee;
- the opportunity to refuse to enter the service during the extracurricular period with reference to the articles of legislation;
- familiarize the employee with the paper under the signature.
The legislation contains situations in the event of which employees cannot refuse employment during extracurricular periods (3rd part of the 113th paragraph of the Labor Code). They are: 
Work on a weekend or non-working holiday is paid at least twice the amount:
pieceworkers - at least at double piecework rates;
employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.
Specific amounts of remuneration for work on a day off or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.
An increased amount of payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.
At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.
Remuneration of work on weekends and non-working holidays for creative workers in the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract.
Comments to Art. 153 of the Labor Code of the Russian Federation
1. According to Art. 37 of the Constitution of the Russian Federation, every employee is guaranteed days off and holidays by the state. Work on weekends and non-working holidays is generally prohibited. The employer has the right to involve the employee to work on a weekend or holiday only on the grounds established in Art. 113 TK. This article provides for 3 cases, in the presence of which the employer has the right to involve the employee in work on weekends and non-working holidays. In addition, the employer may establish additional grounds for involvement in such work.
2. Art. 113 of the Labor Code lists the categories of workers whom the employer does not have the right to involve in work on weekends and non-working holidays.
3. If the employee, at his own request, worked on a weekend or non-working holiday, he is given another day of rest at his request. Work on a non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Thus, work on a day off is either compensated by payment in the amount of daily earnings, or can be replaced by a day of rest.
4. If an employee on a weekend or a holiday did not work a full day, but only part of it, for example, 6 hours instead of 8 hours, then he is given a day of rest in full.
If a person decides to go to work on an official day off, he retains the right to arrange a day off for any day.
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But how is payment made in such a situation? Does additional rest affect the number of days worked and, consequently, the salary? Information is in our article.
Normative documents
Labor Code:
- Article 113 “Working on weekends and public holidays is prohibited. List of cases that are exceptions”;
- Art. 153 "Features of payment for work on weekends and holidays";
- Art. 91 "Working time: concept and optimal duration".
What does the law say?
Labor activity on weekends and holidays is prohibited (document No. 1 of the previous section), except for situations provided for by law.
It is possible to involve employees in labor activity only with their written consent.
The payment procedure is regulated by the document Article 153.
Employees who have given their written consent are required to come to work under the conditions under consideration. Previously, they are provided with a notification with a corresponding request, there is also information that a refusal is possible.
The signature will indicate consent.
During the period under review, management has the right to call employees without fail if:
- labor activity is carried out according to plan - relevant for enterprises with continuous production;
- such a condition is provided for in the employment contract - usually applies to professional athletes, creative employees;
- the occurrence of an emergency or accidents - a visit is required to prevent or neutralize negative processes.
The legislation of the Russian Federation does not regulate the direct dependence of the duration of rest on the duration of work.
In addition to a single salary, the employee must receive compensation in the form of one day off for the whole day.
According to the legislation of the Russian Federation, it is forbidden to involve in overtime work:
- pregnant women;
- persons under 18 years of age;
- students while studying in educational institutions.
Double payment or extra rest?
For holidays and weekends spent at work, the employee is entitled to compensation in the form of:
- a day off;
- double pay.
Which is better depends on individual preferences:
- For an employee - if he is in great need of money, it is better to take compensation in cash. If you need a day off, for example, to solve important tasks, then the second option will do.
- It is more profitable for an organization to give time off, which is often prescribed in local regulations.
In fact, a person can choose the compensation option himself, and the employer who decides for him violates the law.
In such a situation, it is worth contacting the labor inspectorate.
Example 1:
Kulikova N.V. works at the Oasis enterprise for a five-day working week, salary - 32,000 rubles. per month. In December 2019, with this mode, 22 working days are obtained. The employee performed her duties on Saturday and chose a day off on 12/31/2015 as compensation. Determine the amount of pay for the day worked.
Decision:
- The size of the average salary will be: 32,000: 22 = 1,455 rubles.
- Since N.V. Kulikova took a day off, the payment for the day off is equal to one daily rate, that is, 1,455 rubles.
Consequently, at the end of December, the employee will receive 33,455 rubles, taking into account compensation for "day off" work.
Example 2:
Solovieva P.F. - an employee of the Service Plus company - was called to work on Sunday (06.12.15) in connection with the occurrence of an emergency, where he worked for 5 hours. The salary is 40,000 rubles. The norm of working hours (NRW) for December is 183 hours and has been worked out in full. Determine the compensation to be paid.
Decision:
Since the NRT has been fully worked out, labor is paid at a double rate and will be: (40,000 rubles) / (183 hours) x 5 hours x 2 \u003d 2186 rubles.
Salary P.F. Solovyov for December is equal to: 40000 + 2186 = 42186 rubles.
A more accurate amount of monetary compensation can be set in local documents. The organization has the right to pay for "weekend" weekdays in a triple amount.
What should an HR specialist consider?
According to the position of Rosstat, if an employee chose an additional day off, labor should be paid in the amount of the 1st rate (daily).
At the same time, it is unacceptable to reduce the number of days worked, determined in the calculation of wages (ZP).
In practice, not everyone correctly interprets the content of Article 153 of the Labor Code: “Those who have worked on a weekend or holiday can take additional rest. In such a situation, work is paid in a single amount, and time off is not payable.
Many understand that Rosstat's explanations are contrary to the law.
In fact, the norm of the Labor Code says that an additional day off must be paid separately, that is, the time off in the calculation is taken into account as a working day.
A person who has worked part-time is paid for the time actually worked (single rate).
When personnel are involved in overtime work at the initiative of the employer, an increased payment or provision of additional rest for increased energy costs is required.
Labor activity on weekends or holidays does not apply to overtime, therefore, it will not be taken into account in the amount of time actually worked (no more than 40 hours per week).
Features of providing time off
Many HR specialists are interested in the question: does the length of the rest day depend on the number of hours worked?
According to Rostrud, an employee should have a full day's rest, even if he spent 1-2 hours at work. The number of working days is considered according to the same principle as if there were no additional rest days.
An employee has the right to take a day off in any month, but he must write an application with a corresponding request.
Design example:
Example of leave application The employee must submit a document in the same month when the day off was used, the date of additional rest may also be indicated when signing the notice (consent).
When the personnel department enters, specialists issue a separate order.
Order example:
Sample letter for work on weekends In any company, an emergency can happen - you urgently need to do work that was not planned. For example, the head of the transport department comes to you and informs you that tomorrow you need to call drivers to urgently deliver the goods. And tomorrow is Saturday. Do you have the right to pull workers on a legal day off? And if so, what is needed for this? According to the norm of the Labor Code, you can work on a day off, but voluntarily. And sometimes forced . It all depends on what the order to work on a day off is based on.
Legal grounds for calling to work on a weekend
Article 113 of the Labor Code basically prohibits working on weekends, but still establishes exceptions. Calling employees is possible if:
- on the weekend you need to do urgent work;
- it was not known beforehand;
- this will affect the coordinated work of the entire company or a specific department.
For example, your company is engaged in the production of metal structures. According to the contract with the counterparty, you must hand over the order on Monday, and some spare parts arrived at your warehouse only today (on Friday). In order not to disrupt the order, the workers need to work on the day off. If this is not done, the consequences are:
- the company will be charged a penalty;
- you can lose a customer;
- the credibility of the firm suffers.
The reasons for calling workers are good, so you can involve them in work on Saturday. But for this you need to get their consent!
How to issue a call to employees
Every command needs a reason.. In the case of being hired to work on a weekend it could be a memo. Example:
Director of Fortuna LLC Gorbunkov S.S.
from the head of the assembly site Frolov I.I.memo
In connection with the possible disruption of the order, I ask you to bring to work on Saturday 12/26/2015. employees:
– Tapkina I.I. - welder;
– Bubina A.A. - locksmith;25.12.2015 _____________ / I.I. Frolov
Now you need to get the consent of employees through notification:
Notification.
In connection with the possible failure of the order to involve in work on Saturday 12/26/2015:
– Tapkina I.I. - welder;
– Bubina A.A. - locksmith;
– Parezhkina B.B. - storekeeper.Return to work on the day off 12/26/2015. agree:
____________________ / Tapkin I.I. - welder;
____________________ / Bubin A.A. - locksmith;
____________________ / Parezhkin B.B. - storekeeper.
It should be noted that for work on a day off, employees are either paid a double daily salary, or a single one, but they are additionally provided with time off. Therefore, in the notice, the employee needs to write for what remuneration he is offered to work - for a double rate or for time off.
Following the foundation preparing an order to work on a day off (sample):
Fortuna LLC
Sapozhnikov 25.12.2015ORDER No. 13-o
Getting to work on a day off
Based on a memo from the head of the assembly site Frolov I.I., due to the fact that delivery of the order on time is under threat, which may affect the work of the entire company, in accordance with Article 113 of the Labor Code of the Russian Federation, I order:
1. Engage to work on Saturday 12/26/2015. assembly line workers:
– Shapkina I.I. - welder;
– Shubina A.A. - locksmith;
– Varezhkina B.B. - storekeeper.
2. HR Engineer Sapogova V.V. familiarize the above employees with this order.
3. Pay for work on a day off in a double amount (if the employee preferred a day off, then indicate the date of the day off, and pay in a single amount).Director of Fortuna LLC _________________ S.S. Gorbunkov
Familiarized with the order:
_____________________ V.V. Sapogova (human resources engineer)
_____________________ G.G. Bashmakova (accountant)
____________________ / Shapkin I.I. - welder;
____________________ / Shubin A.A. - locksmith;
____________________ / Varezhkin B.B. - storekeeper.
Within the meaning of Article 113 of the Labor Code consent is not required if :
Consent to work on weekends and employees of the creative sector is not required:
- television;
- theaters;
- circuses;
- concert studios and cinemas.
But the condition for attracting such categories to the day off should be stipulated in the collective or in the employment contract.
Although the involvement of employees here is possible without their consent, You must notify them that you are working on a weekend.
Who can not be involved in work on the weekend
If, for health reasons, some employees are entitled to days off, which must be confirmed by a certificate, then it is impossible to work on weekends:
- disabled people;
- women who have children under the age of three.
The strict ban on weekend work applies to the following categories:
- minors (exception - creative workers) - article 268 of the Labor Code;
- pregnant women - article 259 of the Labor Code.
Refusal to work on a day off
An order to work on a day off is a mandatory document for an employer, its publication is required by the same 113th article of the Labor Code. It is mandatory to familiarize employees with such an order. If the employee does not agree to work on a holiday (and consent is required), he has the right to refuse work, even without signing anywhere
. Without his written consent, you cannot hold him accountable.
But if the consent of the employee is not needed, and he did not go to work, this is already absenteeism. Only in order to apply disciplinary punishment, it is necessary that the employee knows what he is being punished for. Familiarized with the order - it means he knows.
But what if the employee does not want to work on a holiday and refuses to sign the order? In this case an act is drawn up on the refusal of the employee to familiarize himself with the order, and in the order itself it is necessary to mark - “refused to sign” .
We issue a refusal to sign:
Form of refusal to sign
- in the presence of two people, we ask the culprit whether he will sign the order;
- if he refuses, we draw up an act;
- the act is signed by both those who compiled it and witnesses;
- act attached to the order.
The text of the act is something like this:
Me, human resources engineer Sapogova V.V. in the presence of the cleaner Gryaznova D.D., secretary E.E. Bumagina this act was drawn up stating that at 14 hours 15 minutes in the office of the personnel department of Fortuna LLC, plumber Vantuzov Zh.Zh. refused to get acquainted with the order No. 13-o dated 12/25/2015. about attracting employees to work on a day off.
Carefully consider all signatures on the act so that the violator cannot appeal it.
In almost any organization, it may be necessary to call employees to work on a weekend or holiday. Typically, this situation is associated with high urgency, and the personnel department is notified of changes in the schedule only the day before, when there is no time left to prepare the accompanying documentation. As you know, the forms of documents for work on a day off are not unified, so it makes sense to develop appropriate templates in advance - taking into account all the nuances of labor legislation.
According to Art. 111 of the Labor Code of the Russian Federation, days off must be provided to all employees. Sunday is considered a public holiday. With a five-day work week, employees are entitled to two days off - usually Saturday and Sunday. The list of non-working holidays is established by Article 112 of the Labor Code of the Russian Federation, there are 12 of them a year: January 1, 2, 3, 4, 5 and 7, February 23, March 8, May 1 and 9, June 12, November 4. In accordance with Art. 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited. To solve unforeseen production tasks, employees can be involved in work on such days, but only with their consent. However, part 3 of Art. 113 of the Labor Code of the Russian Federation establishes cases when employees are required to perform their duties on weekends and holidays, and obtaining their consent is not required. These situations include:
- prevention of a catastrophe, industrial accident or elimination of their consequences, as well as the consequences of a natural disaster;
- prevention of accidents, as well as destruction or damage to the property of the employer;
- performance of work, the need for which is due to the introduction of a state of emergency or martial law.
It should also be taken into account that the involvement of disabled people and women with children under the age of 3 years to additional work on a weekend or holiday is possible if such activity is not prohibited to them for health reasons (prohibition, according to part 7 of article 113 of the Labor Code of the Russian Federation, must be supported by a medical certificate). Such employees should be familiarized against signature with their right to refuse to work on a weekend or non-working holiday.
The Labor Code of the Russian Federation defines categories of employees who are strictly prohibited from being involved in work on weekends and non-working holidays:
- persons under the age of 18, with the exception of creative workers in the media, cinematography organizations, as well as television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and performance of works (Article 268 of the Labor Code of the Russian Federation );
- athletes under the age of 18 (part 3 of article 348.8 of the Labor Code of the Russian Federation);
- pregnant women (part 1 of article 259 of the Labor Code of the Russian Federation).
In accordance with Part 2 of Art. 113 of the Labor Code of the Russian Federation, the employee's consent to work on a weekend or holiday must be in writing, oral agreement alone is not enough. The need for work must be justified - for this, a corresponding memo is sent to the head of the organization. As a rule, it is made by the head of the department. The memo must indicate the name of the work, the date and time of their implementation, as well as the employee who is involved in them (Appendix 1).
On the basis of a memo, the personnel department prepares a written notice for the employee, which explains the type of work, the time for their completion and the reasons that made them necessary (Appendix 2). It is worth including in the notification information about the rights of the employee, indicating possible options for compensation for working on a day off. Disabled people and women with children under the age of 3 years must be notified against signature of the right to refuse to work on weekends and non-working holidays (part 7 of article 113 of the Labor Code of the Russian Federation).
According to Art. 153 of the Labor Code of the Russian Federation, work on a day off must be paid at least double the amount. Please note: if earnings are accrued to employees on a piece-rate basis or based on daily and hourly tariff rates, in each of the cases, the rates will need to be increased by at least 2 times. But employees who receive a salary should be paid for work on a day off in the amount of at least a single daily or hourly rate in excess of the salary, given that the work was carried out within the monthly norm of working time. If the monthly norm is exceeded, payment is charged in the amount of at least double the daily or hourly rate for the day or hour of work in excess of the salary.
Working time norms are regulated by Article 91 of the Labor Code of the Russian Federation and Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 No. 588n “On approval of the procedure for calculating working time norms for certain calendar periods of time (month, quarter, year) depending on the established working time per week”. When calculating working time, it should be assumed that its normal duration cannot exceed 40 hours per week. However, there is no document that would define the reasons why the norms of working hours may not be fully worked out. Suppose an employee receiving a salary was on vacation or absent due to temporary disability. Under such conditions, he is unlikely to be able to fully work out the norm in a month. This means that by attracting him to work on a day off, he can be paid at least a single daily or hourly rate in addition to the salary. Please note: if local regulations, such as a collective agreement or internal labor regulations, indicate that work on weekends and non-working holidays is double paid, you will not be able to pay an employee a single daily or hourly rate for working on weekends, even if he worked less than the norm of working hours. To avoid misunderstandings, employees should be notified in advance of possible or planned options for remuneration of work on weekends, indicating the pay rates in the notice of attraction to work.
Since part 1 of Art. 153 of the Labor Code of the Russian Federation establishes only minimum rates for work on weekends and holidays, it can be concluded that, at the request of the employer, compensation can be increased. Moreover, the amount of the corresponding remuneration must be determined in the internal regulatory document of the employer, for example, in the internal labor regulations or the collective agreement.
Instead of increased pay, the employee has the right to choose another day of rest, in accordance with Part 3 of Art. 153 of the Labor Code of the Russian Federation. It should be noted that such an additional day of rest is not payable, and the day off or holiday on which the employee will work must be paid as a regular worker - in a single amount. The employee can report his decision (increased pay or another day of rest) in the application (see appendices 3 and 4) or leave the appropriate entry directly in the notice of the need to work on the day off. It is very important to obtain written confirmation from the employee of the choice of compensation, because. it is the only evidence of his consent and will avoid disputes later.
If the employee wants to receive an additional day of rest, he will have to agree on a date with the employer. Since the legislation does not specify when exactly such a day of rest should be provided, the employee and the employer must come to a decision acceptable to each of the parties. “Free” can be Monday after a working day off, any other day. At the request of the employee, such a “day off” can even be attached to a vacation. The legislation does not specify how long (for example, a calendar year) an employee can exercise this right. Please note: the employee is provided with a full day of rest - regardless of the number of hours worked on the day off (Rostrud Letter No. 731-6-1 dated March 17, 2010).
If the employee does not agree to work on a day off and records his refusal in writing in a notification or a separate statement, then it is impossible to involve such an employee in work, unless the need for it on a day off is due to emergency circumstances established by part 3 of Art. 153 of the Labor Code of the Russian Federation. Moreover, the refusal to work on a weekend or non-working holiday does not serve as a basis for bringing an employee to a disciplinary sanction.
After the employee confirms in writing his consent to work on a weekend and non-working holiday, it is necessary to prepare an order or instruction, in accordance with Part 8 of Art. 113 of the Labor Code of the Russian Federation (see Appendix 5). All essential conditions should be included in the employer's administrative document: type of work, reasons that necessitated their implementation, date and time. It is extremely important to indicate the working time, because. an employee may be involved not for a full day, but for part of it - for example, for 4 or 6 hours. Also, in the order, it is necessary to determine the method of compensation for work on a weekend or non-working day - double payment or an indication of the date for providing another day off. At the basis of the order, all related documents should be listed: a memo about the need to work on a day off, notification of the employee, written consent of the employee. The employee must familiarize himself with the order before starting work.